Neutral Citation No. - 2025:AHC:119585 Court No. - 72 Case :- APPLICATION U/S 482 No. - 10153 of 2020 Applicant :- Sheshmani And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra,Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.,Manish Dev Singh Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 10.02.2020 passed in Case No. 4076 of 2017 (Karmanand versus Raj Bahadur Yadav and others) under Section 146(1) Cr.P.C., Police Station-Barshathi, District-Jaunpur, whereby, the learned S.D.M. attached the property and appointed receiver. 3. Counsel for the applicants submits that opposite party no. 2 moved an application on 10.10.2017 under Section 145 Cr.P.C. that there was breach of peace with regard to taking possession of the property in dispute and prayed that applicants may be restrained to interfere over the land in dispute. Thereafter, a report was called from the S.H.O. Barshathi, Jaunpur and as per the S.H.O. report there are chances of breach of peace and both the parties could not produce title or ownership over the property in dispute. The S.D.M. attached the property and appointed receiver. 4. Being aggrieved by attachment of property and appointment of receiver by S.D.M. concerned, the applicants have filed present application submitting that the title is in their favour and they are the owner of the property in dispute. As per the order passed by the D.D.C. and the Board of Revenue, the attachment order is bad in the eyes of law and the same deserves to be quashed. 5. Per contra, learned counsel for the opposite party no. 2 vehemently opposed the submissions raised by learned counsel for the applicants and submitted that as per the provisions provided under Section 146 Cr.P.C., Magistrate has power to withdraw the attachment at any time if he is satisfied that there is no longer any breach of peace with regard to the property in dispute. He further submitted that the claim of the applicants that the order passed by the Deputy Director of Consolidation and Board of Revenue is in their favour is not acceptable. 6. Moreover, the applicants may raise this objection before Magistrate for withdrawal of the attachment order. 7. Considering the arguments, the provisions of Section 146 Cr.P.C. provides that if Magistrate finds that there is no dispute pending between the parties and civil suit is in favour of any of the claimants, then he may consider the same and withdraw the attachment order. 8. In view of the aforesaid facts and circumstances and without entering into the merits of the case, the instant application is disposed of with a direction that if the applicants move an application within four weeks and produce documents with regard to property in dispute for title, the applicants' application shall be decided by the authorities concerned within four weeks, after giving opportunity of hearing to the parties in accordance with law. Order Date :- 22.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad